Rutherford County v. Wilson

Summary

The Supreme Court of Tennessee held that children and representatives of children named as remaindermen in a deed held vested, transmissible remainder interests before the life tenant's death under Tennessee's Class Gift Statute. The court concluded that Cathey Baskin, the surviving spouse of a deceased class member, held no interest in the condemned property, and on rehearing overruled Walker v. Applebury to the extent it conflicted with that conclusion.

Holdings

1. The deed created vested, transmissible remainder interests in the members of the class before the death of the life tenant; it did not clearly manifest an intent to create contingent remainders.
2. The Tennessee Class Gift Statute applied because the deed conveyed property to a class, fixed distribution at the life tenant's death, did not clearly exclude the issue of a deceased class member, and a class member died before distribution with issue surviving at distribution.
3. Cathey Baskin held no interest in the property.
4. Walker v. Applebury was overruled to the extent it held that a deceased class member's surviving spouse could receive an interest in the property under the laws of intestate succession when the Tennessee Class Gift Statute applied.

Questions Presented

1. Whether the deed created vested, transmissible remainders or contingent remainders in the class of Wilson's children and their representatives.
2. Whether the Tennessee Class Gift Statute, Tennessee Code Annotated section 32-3-104, applied to the conveyance.
3. Whether Cathey Baskin, as the surviving spouse of deceased class member Kenneth Wilson, held an interest in the property under the deed, the Class Gift Statute, or the laws of intestate succession.

Disposition

reversed_and_remanded